Bihar State Food and Civil Supplies Corporation Ltd. and Another vs Jayanti Sharma and Others

Heard learned counsel for the parties. Contention of the appellants-Bihar State Food & Civil Supplies Corporation is that the learned Single Judge directed the Managing Director of the Corporation to ensure payment of the benefits under the Group Insurance Scheme and the Provident Fund amount to the writ petitioner-respondent No. 1, apart from the direction to the Managing Director of the Corporation to examine the matter regarding admissibility of 5th Central Pay Scale to the husband of the writ petitioner.

It is the submission of the appellants-Corporation that the Group Insurance scheme amount is to be paid by the L.I.C. and the Provident Fund amount is to be paid by the Provident Fund Commissioner, and, therefore, the appellants cannot be saddled with the liabilities for payment of the aforesaid amounts, as has been held by the impugned judgment and order dated 17.2.2009 [Ed.--Reported in Jayanti Sharma Vs. The State of Bihar and Others, ] passed by the learned Single Judge in CWJC No. 11466 of 2007.

What is directed by the judgment and order under challenge is that the Managing Director of the Corporation is to ensure that the amounts payable to the writ petitioner under the Group Insurance Scheme and Provident Fund are paid to him, as can be seen from the operative portion of the direction which is reproduced below:--

"The Managing Director of the Corporation would ensure that within one month from the date of production of a copy of this order before him the LIC pays the group insurance claims payable to the petitioner. Similar is the case of provident fund where it is merely stated that the Regional Provident Commissioner has been forwarded the claim forms. Again, I direct the Managing Director of the respondent. Corporation to ensure payment thereof to the petitioner within one month from the date aforesaid."

From the above it apparent that the Managing Director is to forward the claims of the writ petitioner alongwith a copy of the judgment to the authorities concerned apprising them that the amounts, as aforesaid, are payable to the writ petitioner, and the Corporation being the employer of the deceased husband of the writ petitioner, it is their obligation to recommend for such payments, and once their obligation is over, it is the obligation of the L.I.C as well as the Provident Fund Commissioner that the payments are made to the writ petitioner. If the above exercise is done by the appellants-Corporation, it is enough compliance of the orders of the Court.

If the petitioner is aggrieved by any of the actions/non-action of the L.I.C. or Provident Fund Commissioner, then he may make a claim to the LIC and the Provident Fund for payment of the claims alongwith statutory interest. With the above observations the appeal stands disposed of without any order as to costs.